Waste Management Act 1996
F153[Transfer of a waste collection permit
34B.— (1) In this section and sections 34C and 34D “nominated authority” means a local authority nominated under section 34(1)(aa)(ii).
(2) A waste collection permit may be transferred to another person in accordance with this section.
(3) Where the authorised waste collector intends that the waste collection permit be transferred to another person (in this section referred to as “the proposed transferee”), the authorised waste collector and the proposed transferee shall jointly make an application to the nominated authority requesting that such a transfer be effected by the authority.
(4) An application under subsection (3) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 50 and the waste collection permit concerned.
(5) The nominated authority may require the provision of such further information by the authorised waste collector or the proposed transferee as it considers appropriate for the purposes of considering an application made under subsection (3).
(6) If, on consideration of an application under subsection (3), and any relevant information provided in respect thereof, the nominated authority is satisfied that the proposed transferee would, if he or she were an applicant for the waste collection permit, be regarded by it as a fit and proper person within the meaning of section 34D to be granted, under section 34, a like waste collection permit to the waste collection permit concerned, it shall effect a transfer of the waste collection permit to the proposed transferee in such manner as may be prescribed.
(7) A person to whom a waste collection permit is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the waste collection permit, including all conditions attached to the permit, regardless of how and in respect of what period, including a period before the transfer of the waste collection permit, they may arise.
(8) The Minister may make regulations in relation to all or any of the following matters:
(a) the form in which an application for the transfer of a permit shall be made;
(b) information and particulars to be submitted with an application for the transfer of a permit and verification of such information and particulars;
(c) specifying the period in which an application for a transfer of a permit shall be dealt with by a nominated authority;
(d) the making available for inspection by members of the public of an application for the transfer of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;
(e) the manner of transfer of a waste collection permit;
(f) the publication by the nominated authority of decisions made by it in relation to the transfer of permits;
(g) requiring the proposed transferee to defray, or contribute towards, any costs incurred by the nominated authority concerned in carrying out an investigation in relation to the application.]
Annotations
Amendments:
F153
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.
Editorial Notes:
E391
Power pursuant to section exercised (7.03.2023) by Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 (S.I. No. 104 of 2023).
E392
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E393
Previous affecting provision; power pursuant to section exercised (14.02.2023) by Waste Management (Collection Permit) (Amendment) Regulations 2023 (S.I. No. 63 of 2023); revoked (7.03.2023) by Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 (S.I. No. 104 of 2023), reg. 8(1).